RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT(hereinafter referred to as the "Release Agreement")

PLEASE READ CAREFULLY!
This Release Agreement shall apply to all subsequent membership renewals.

BY SIGNING THIS DOCUMENT YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT

TO: PICKLEBALL CANADA ORGANIZATION, and its affiliated provinces and territories and its local associations and clubs, and their respective directors, officers, employees, instructors, agents, representatives, volunteers, independent contractors, subcontractors, sponsors, successors and assigns (hereinafter collectively referred to as the "Releasees").

ASSUMPTION OF RISKS

I am aware that participating in the sport of pickleball involves many risks, dangers and hazards including, but not limited to: collision with other persons or objects; being struck by a paddle; being hit by a ball; the risk of stroke, heart attack or other similar life threatening conditions caused by physical exertion; the risk of personal injury including, but not limited to, strains, sprains, fractures, brain injury, spinal cord injury including paraplegia or quadriplegia, or death; loss of balance or control; slips, trips and falls; negligent first aid; failure to act safely or within one’s own ability; negligence of other persons; and, NEGLIGENCE ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS REFERRED TO ABOVE. I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT

In consideration of the Releasees accepting my application for membership in the Pickleball Canada Organization and, as applicable, my affiliated province or territory and local association or club, and permitting my use of the facilities and premises provided by the Releasees (hereinafter "the premises"), I hereby agree as follows:

1. TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against THE RELEASEES, and TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury including death that I may suffer, or that my next of kin may suffer, as a result of my participation in the sport of pickleball including, but not limited to, my use of the premises DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER ANY PROVINCIAL OCCUPIERS’ LIABILITY LEGISLATION ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES THE FAILURE ON PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS REFERRED TO ABOVE.

2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damage to property of or personal injury to any third party, resulting from my use of or presence on the premises;

3. This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity;

4. This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the Province of British Columbia and no other jurisdiction; and

5. Any litigation involving the parties to this Release Agreement shall be brought solely within the Province of British Columbia, and shall be within the exclusive jurisdiction of the Courts of the Province of British Columbia.

In entering into this Release Agreement I am not relying upon any oral or written representations or statements made by the Releasees with respect to the safety of pickleball other than what is set forth in this Agreement.

I HAVE READ AND UNDERSTAND THIS RELEASE AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.

Your information is confidential and used only for PickleballBC communication purposes. Your information is protected under BC’s Personal Information Protection Act (PIPA). I recognize and understand that there are certain inherent risks to which I will be exposed because of the nature and level of the Pickleball sports activity in which I have agreed to participate. I will adhere to the local precautions and regulations implemented by the Club that I am registering with.

Effective September 1, 2024 your registration provides you with PCO and PBC membership until December 31, 2025. If you have any questions about your Club Membership or issues surrounding your local organization please contact your club directly.

In subsequent years, this rollover date will be as of September 1 each year.

If you have any questions about your Pickleball Canada or PBC membership please feel free to contact me about those issues.

PBC Registrar

registrar@pickleballbc.ca

Mission Statement

To grow the game of pickleball across Delta in a respectful, safe, healthy, sportsmanlike and fun environment which players of all ages and abilities can enjoy.

Vision Statement

To be the leading advocate for pickleball in Delta by promoting the sport, developing player skills, educating the public and partnering with the City to ensure accessible, well-maintained facilities that support recreational and competitive play for all.

Purpose Statement

Our purpose is to cultivate a welcoming and engaging pickleball community, providing structured opportunities for players to enjoy the sport, enhance their skills, and build social connections while promoting the physical, mental, and social benefits of pickleball in Delta.

Goals

1. Single Point of Contact: Serve as the primary resource for all pickleball-related activities and inquiries within Delta.
2. Inclusive Growth: Expand the game of pickleball across all ages, levels, and abilities in a safe and fun environment.
3. Skill Development: Offer ongoing skill and mentoring programs to support recreational and competitive play.
4. Mission Alignment: Ensure that all initiatives align with the core mission of the Delta Pickleball Association (DPA).
5. Member Engagement: Design and implement programs that enhance members’ experience, promoting the enjoyment of pickleball.
6. Educate our Community: Advocate for the sport by highlighting its benefits, including physical health, mental well-being, and social interaction.
7. Community Growth: Improve public awareness and accessibility of pickleball to grow the sport within Delta’s communities.
8. Transparent Communication: Maintain clear and open communication with members about the club’s direction, events, and operations.
9. Member Responsiveness: Actively listen and respond to the questions, concerns, and ideas of our members.
10. Civic Engagement: Be a responsible organizational citizen, giving back to the community and contributing positively to Delta.
11. City Collaboration: Work with the City of Delta to support planning, budgeting, and maintaining current and future pickleball facilities.
12. Asset Stewardship: Be diligent stewards of the resources and facilities under our responsibility.
13. Competitive Development: Prepare competitive players for success on the national stage while also supporting grassroots development.
14. Professional Governance: Ensure quality governance and leadership for the sport of pickleball in Delta.

Background

As a club, we understand how passionate our members are about our sport of pickleball. We also understand that most of our members do their best to create the most fun, social, welcoming, and fair environment on the courts. The purpose of this document is to clarify the club’s expectations for all members within the DPA.

Objective

Our goal within DPA is to ensure a safe, positive, welcoming playing environment for all of our members and to maintain and improve the relationships with our community and stakeholders.

This document describes appropriate player conduct and etiquette for all DPA members. In the event of disagreement, DPA has developed a conflict resolution process for the benefit of its membership.

Code of Conduct

DPA Members believe in and commit to the following:

• Treat others graciously and with respect.

• Exhibit fairness and honesty while dealing with others.

• Engage in sportsmanlike conduct and encourage others to do the same.

• Engage in safe behavior ensuring the health, safety, and wellbeing of others.

• Refrain from using profanity or displaying harassing or bullying behavior.

• Display a positive attitude while around pickleball facilities refraining from public criticism of other players, oJicials or the DPA organization.

• Refrain from using or exploiting DPA members for business purposes and financial gain.

On Court Etiquette

To ensure that our environment is as described above, DPA members will:

• Limit their warmups to 5 minutes or less when the courts are full or busy with people waiting.

• Acknowledge their opponents at the beginning of the game. If you are playing unfamiliar players, introduce yourself by name. At the end of the game thank your opponents and acknowledge them by tapping your paddles.

• Say “Ball on Court” loudly if you hit a ball on another court. Everyone should immediately stop to avoid injury. Do not enter another court that is actively playing nor attempt to pick up the ball until a point ends. If an adjacent ball lands on your court, stop, return the ball, and replay the point.

• Announce the score loudly before each serve to ensure that all players know the score and are ready to play.

• Accept the role of the receiving team to make the “final call” on balls that are close to the line. It is important not to question the call. In social play if you are uncertain call the ball in, giving the benefit of the doubt to your opponent. If both you and your partner are unsure about a call, ask your opponent, especially if they have a better view and accept the outcome. Never ask or accept line calls from spectators.

• Play with everyone during Open Play, (Mixed Skill Levels) with no complaints. If a stronger player is on the court with you, do not avoid hitting to them to increase your chances of winning. If you are playing with weaker players work on shots that they can return and learn from.

• Ensure that you are qualified to play in the sessions that you sign up for especially during Advanced Level of Play (3.5+). Ensure that you can play at the appropriate standard by using the “Pickleball Skill Levels” chart which is on our website and is also posted. If you are still unsure, seek feedback from others or check with one of the Directors of the DPA.

• Be honest whether you or your partner have a foot foul in the kitchen on a volley.

• Refrain from unsolicited coaching on the courts. If someone asks for your input, offer a constructive piece of advice after your game once you are oJ the court, so as not to detract from the flow of the game and/or distract your opponents. If, however, coaching is agreeable to all 4 players, keep comments brief especially if the courts are busy.

• Be ready to go onto the court when it is your turn. Do not play past your scheduled time when another group is waiting.

• Always exhibit good sportsmanship when playing or observing others. Refusing to play with a less experienced player is considered unsportsmanlike.

• Avoid using lob shots with players with limited mobility, as this can be a serious safety risk.

• Be aware of where your partner is. Always be mindful of your paddle and potential injury which could result from close contact. If unsure stop playing. Let the ball drop. Lose the point.

• When your game is over, and you are exiting the courts, use the closest gate possible or wait until play has stopped before crossing into another court. When that happens move quickly.

• Wear protective eyewear to ensure that unwanted injuries do not occur.

• Please ensure you use your full name when booking court time through playtime scheduler. Please remove your name well in advance of the scheduled session if you are unable to attend. With court space and capacity being so scarce, not showing up or cancelling late is unfair and disrespectful to your fellow members.

• Book Playtime Scheduler times only if you are available to play the entire session and are not required to leave early.

• In advance of game play please ensure adequate warmup to avoid injury and be ready to play when courts are available.

• Please follow the posted signage guidelines that are outlined by the City of Delta at all courts. Be aware of the paddle rack rules on the court during public and DPA scheduled games. DPA games usually use round robin tables. This can be expanded only if public courts are not in use and must be surrendered immediately if public players arrive.

• Refrain from personal practice or coaching sessions during peak or high demand periods. Please be respectful as a DPA Member of your publicly booked times as they reflect on the entire club.

• It is important that DPA members do their best to clean wet courts to ensure the courts are safe for play. Please be courteous and share the task of cleaning all the courts required for play, especially when courts are being shared amongst different groups. The DPA will continue to provide the tools needed to clean the courts.

• At Cromie Park there will be situations where the permanent courts are full and temporary courts are needing to be set up. Groups and individuals in line for courts should be preparing these temporary courts together. Drying the courts and setting up nets on these courts will allow them to be put into the paddle rack court rotation. Once these courts are in rotation, then the normal paddle rack system should be used, and players should proceed to play on the first court (permanent or temporary) that becomes available.

PURPOSE

The Delta Pickleball Association believes that its members are committed to contributing to and participating in an environment where other members and the general public are always treated fairly and with respect. To ensure the most fun, social, welcoming, and fair environment on the courts, DPA has created its Player Code of Conduct and court etiquette expectations. In the rare circumstance where a member’s conduct is contrary to the DPA posted expectation, this document outlines the series of processes to resolve any conflict.

Use of these processes should be by exception only. The primary method for conflict resolution is always face to face discussion between parties. The following processes will be followed if required.

CONTEXT/BACKGROUND

Conduct in contravention of the values of Delta Pickleball Association as described in its By-laws, Code of Conduct documents or other relevant documents may be subject to sanctions and discipline pursuant to this policy.

APPLICATION

This policy applies to all individuals participating in Delta Pickleball Association programs, activities, and events.

COMING INTO FORCE

This policy shall come into force October 9. 2024

ROLES/RESPONSIBILITIES

Reporting a complaint

Anyone may make a complaint to the Conflict Manager of Delta Pickleball Association or designate. A complaint must be in writing and signed. The complaint should outline the situation as well as the attempts to resolve the situation face to face (if appropriate). A complaint must be filed within fourteen (14) days of the alleged incident. Anonymous complaints may be accepted at the sole discretion of Delta Pickleball Association. A complainant wishing to file a complaint outside the fourteen (14) day period must provide a written statement providing reasons for an exemption to the time limitation. The decision to accept the complaint outside of the fourteen-day period is at the sole discretion of Delta Pickleball Association and may not be appealed.

Discipline and Complaints

1. Minor Infractions

Minor infractions are single incidents of failing to achieve expected standards of conduct that generally do not result in harm to others, Delta Pickleball Association, or the sport of pickleball.

Examples of minor infractions can include, but are not limited to, a single incident of:

• Disrespectful, offensive, abusive, racist, sexist comments or behaviour.

• Disrespectful conduct such as outbursts of anger.

• Conduct contrary to the values of Delta Pickleball.

• Non-compliance with Delta Pickleball policies, procedures, rules, or regulations.

• Minor violations of Delta Pickleball Association Code of Conduct and Values.

2. Major Infractions

Major infractions are instances of failing to achieve the expected standards of conduct that result or have the potential to result in harm to other persons, Delta Pickleball Association or to the sport of pickleball while participating in Delta Pickleball Association programs, activities, or events.

Examples of major infractions include, but are not limited to:

• Repeated minor infractions.

• Incidents of physical abuse.

• Incidents of harassment, racial harassment, sexual harassment, or sexual misconduct.

• Activities that endanger the safety of others.

• Excessive use of alcohol or use or possession of illicit drugs.

• Conduct that intentionally damages Delta Pickleballs image, credibility, or reputation.

• Intentional violation of Delta Pickleball by-laws, policies, rules, or regulations.

• Major or repeated violations of Delta Pickleballs Conduct and Values Policy.

3. Initial Review of Complaint

Upon receipt of a complaint, the Conflict Manager (or designate)

• Determines if the complaint is frivolous or vexatious or outside the jurisdiction of this policy, in which case the complaint will be dismissed immediately.

• If the complaint is deemed valid, then decide if the alleged infraction is a minor or major infraction.

4. Responding to a minor infraction

Procedures for responding to a minor infraction are much less formal than responding to a major infraction. As much as possible, complaints are managed at a local level, involving individuals familiar with the individuals and the circumstances.

The Conflict Manager or Designate may request another appropriate person (Board Member) who has knowledge of the person to respond to the complaint, provided that the person who is subject of the complaint has been:

• Informed of the nature of the alleged infraction and

• Given opportunity to provide information about the circumstances regarding the infraction.

• Examples of another appropriate person with knowledge of and/or authority over the person include:

• A tournament organizer.

• A Delta Pickleball Board or Committee member.

• A pickleball coach or official.

5. Discipline

After the Conflict Manager or Designate, appointed by the conflict Manager has reviewed the alleged incident with the individual(s) involved, the Conflict Manager may determine that no further action is required or may apply a penalty, either singularly or in combination, including any of the following:

• A verbal or written reprimand.

• A verbal or written apology from one party to another.

6. Responding to a major infraction

When it is determined the alleged incident is a major infraction, the Conflict Manager will:

• As soon as possible, notify the parties involved in the complaint, advising them the complaint is potentially legitimate and will be responded to as a major infraction.

• Ensure the individual(s) alleged to have committed the infraction are provided with written details of the alleged infraction. The individual will be given the opportunity to provide a written response.

• Ensure both parties of the complaint are provided with a copy of this policy.

• Coordinate all administrative aspects of the complaint.

• Provide any other service or support that may be necessary to ensure a fair and timely proceeding.

The Conflict Manager will inform the Board of Directors of the complaint who will aid in the review and resolution process.

If the person alleged to have committed the major infraction acknowledges the facts of the incident, he/she may consent to waive the need for the Board Review. In these circumstances, the Conflict Manager along with the Board will determine the appropriate sanction with or without holding a hearing. If a party to the complaint chooses not to participate in the hearing, the hearing will proceed without their participation.

The Conflict Manager will determine the format of the hearing, which may involve:

• An oral in-person hearing.

• An oral hearing by telephone.

• A hearing based on a review of documentary evidence submitted in advance of the hearing.

• A combination of these methods.

The hearing is governed by the procedures that the Conflict Manager deems appropriate in the circumstances.

7. Decision from the Board hearing

Within fourteen (14) days of the conclusion of the hearing, the Conflict Manager shall ascertain whether the alleged infraction occurred and if so, the sanctions to be imposed.

The Conflict Manager will inform or distribute to all parties the decisions and subsequent action as determined appropriate.

8. Discipline and Complaints

Sanctions for a major infraction include but are not limited to:

• A written reprimand.

• Expulsion from membership in the Delta Pickleball Association.

Unless the Conflict Manager or Designate decides otherwise, disciplinary sanctions start immediately after the written decision has been distributed to the parties.

9. Record of Decisions

If a decision is made to impose a penalty for either a minor or major infraction, a record is to be created and maintained by Delta Pickleball and should include the following:

• The names of the individuals involved in the complaint.

• Details of the alleged incident including the date.

• The response of the person whom the complaint was made against.

• The name of the Conflict Manager and/or other appropriate person who determined the penalty.

• A description of the penalty applied.

10. The Board of Directors may use additional policy guidelines developed by Pickleball BC at their discretion.

Web Site:

www.pickleballbc.ca/uploads/1/4/2/5/142597665/pbc_complaint_resolution_policy_updated_23-01-15.pdf

IMPLEMENTATION

Delta Pickleball Association is responsible for communicating this policy to its members and others. involved in its programs, activities, and events. Delta Pickleball will need to provide an orientation to the complaints and discipline process to its Executive and to ensure a Conflict Manager or Designate will be available in the event of a complaint involving a major infraction.

RESULTS

Individuals involved in Delta Pickleball Association programs, activities and events are treated with respect and know how to lodge a complaint where they have felt Delta Pickleball Association Code of Conduct and Ethics Policy, or the values of Delta Pickleball Association are not being upheld.

Appendix Definitions

• Bullying - Defined as verbal aggression or yelling, humiliating actions or practices, hazing, spreading malicious rumors, using derogatory names towards someone and includes cyber bullying through the use of electronic communication (email, text messaging, social networking, etc.)

• Harassment - Defined as any behavior or actions, visual material, unwelcome remarks, jokes, comments, innuendoes, written or verbal threats and/or any conduct directed towards an individual or group that undermines self-esteem, diminishes performance, and are offensive, abusive, racist, degrading, defamatory or malicious.

• Respect - This involves consistently treating individuals fairly, equitably, and reasonably. Demonstrate respect to individuals regardless of body type, physical characteristics, athletic ability, age, ancestry, colour, race, citizenship, ethnic origin, place of origin, creed, disability, family status, marital status, gender identity, gender expression, gender, and sexual orientation.

• Sexual Harassment - Defined as any behavior or actions such as unwelcome sexual advances, requests for sexual favors or verbal or physical conduct of a sexual nature that interferes with an individual’s performance, creates an intimidating, hostile or offensive environment or is the basis for making a decision that affects the individual.

Electronic Sign Off / Purpose

To ensure all DPA members are aware of and commit to adhere to a set of standards that maximize the relationships with the Public, DPA Members and our Community.

Sign Off

When renewing annual memberships, each member will execute an electronic sign off page that states they have read, clearly understand, and will act in accordance with the stated player code of conduct, court etiquette and conflict resolution processes.